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5836-95 i RDINA QE NO. 5336- AN: ORDINANCE OF THE CITY OF CLEARWATER, ( FLf. F IDA,. RELA IFING TO THE LAND DEVELOPMENT CODE; AI"V11EINDING SECTIONS 35 1 1 , 36,032, 36,066, 36.083, 37,21 , 40„26-1 , 40,574, 41 .031 , 43.03, 43.04, 43,21 THIRjDUGH 43.25, 43,51 , 45.02, 45,22, 46.03, 46.07, 46,34', 54,23 AND 54,53, CODE OF ORDINANCES, T PROVIDE A DEIRNITI N OF "DEVELOPMENT REVIEW CON'IMITTEE;" TO DELETE THE FORMAL ORDINANCE REC UIREP,vtIENTS RELATING TO TIDE COMPOSITION AND PO\AJERS OF THE DEVELOPi\v`€ENT REViEvV COMMITTEE; TO DELETE THE REQUIREMENT FOR RE'vE1PT AND REFERRAL OF ANNEXAT]ONS, SUBDIVISI'O'N PLATS, SITE PLANS, ZONING ATLAS AMENDMENTS AND COMPREHENSIVE LAND USE PLAN AMENDMENTS, EXCEPT FOR SUBDIVISION PLATS AND SITE PLANS ABOVE A SPECIFIED AREA; TO REQUIRE THE POSTING OF PROPERTIES �` H:CH ARE THE SUBJECT OF PROPOSED SITE PLANS AND SUBDIVISION PLATS; --0 ESTABLISH RE°i1 >ED SUBMISSION REQUIREIVIENTS FOR PLANNED DEVELOPMENIT CONCEPT PLANS, AND FOR CONDITIONAL USE PERMIT AND VARIANCE SITE PLANS; TO AUTHORIZE THE DEVELOPMENT CODE ADMINISTRATOR TO CERTIFY SITE PLANS AND SUBDIVISION PLATS; TO AUTHORIZE THE CITY MANAGER TO DETERMINE tNHETHER TO REQUIRE THE CONVEYANCE OF I-AND, PAYMENT OF CASH, OR A COIVIB�NAT€ON THEREOF TO O SATIS=Y THE RECREATION LAND IMPACT FEE AND OPEN SPACE IMPACT FEE; PROVIDING AN EFFECTIVE DATE. BE I°I` ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1 . Section 35.11 , Code of Ordinances, is amended to ready Sec. 35.11 . Definitions. The foilovving words, terms, and phrases, �vvhen used in this development code, shall t°ra�.e the n')e �r it s ascribed to th ;rrl in this section, except vthere the context clearly indicates a different meaning: 1- "D +1eloor`l*°'nt r evievy cC}rn littee" means an inforl-lc"ii Sntu'rder)artr-,ient,al team of cif straff rrlb rq_ sc r view vv deg°eiornent plans pursuant to the citJ code. y Se-titian 2. Sections 36.032, 36.066, and 36.083, Code of Ordinances„ are C amended to read: � I G Sea. 36.032. Reserved. F ---at i e ;F,e e F; 6. rte --- 'ar ; _ f t- ect c3C,e-, be empew eFed cc-az: r F s e e h c the f$Ff tie i:i ef, + efsi��tAsh�. e*p�rd-s-ae fflay be &-es`a e p9mittee's eflieie yey-afd . - - h'x c,r rIlrs�"v'f "'s-r ri T .'I Q f M1 i e e s " F h a- t i � - r.ri.r . �e�-t a-v�c c-v 4�' rc nr- " r �.�e No",£ }a f f f -e ra44 6- e i n ,- - Ltt td. F e E In rx�rn+s. -�i rl��-E-c^�m m i t',e � � Mee4ir+gs f 41-he e9m.m4tee shall be held all- tthe-e-a-4 a#�-t,'-,e e r p e •��Le�"---��J'fi.�,�- i v J1 T J i l t—a4t e!i o I tY fqe�l.. l l'+'L .. Y ".'•'�) J raf—e er +r-4 e-+--i -j L, _lil between +I- �n 3��dz� p +�r.}y9 t y�� Y n r ��y� net e U,P �Iy�1.�p L.A 1, G,d i:+,laV ili t��)T w' li-iV {illI 1l..Ll T�1T.i—V liI 1.�.R rA #.gtY and. to e +-..e--ep,+—lr'� /1 Y5 - $^�I! , cn�cc-c�-n-crr'.�" •a-�-�crl-rr�:r�—cm��--�-� x? ±. 'F3i - +�-tic-��tj -Ehi? 4E'f-6i� Oise r e f e F d-t--, izi in L t �E e-rr----aas-�<-s---ti=t' F ltirff�c} rtt '-std;-i`a s and, =y e f,-c-efj st F Jar ent a3Hd LFa Srieerfrci-el. . 6.066, Viand use playa amendments. -X r ; (4) Reviev,,i Prolcedure. Proposed aniendmero,,s to 1,h e; land t,.;se plan shall be processed as ftoHot,%,s: (p') Appii�-,,ations vih•ch are determined to be complete by the developirlient code administrator shall be scheduled "or revievy by 121 - a—nrfljlc�q zonina board and the city cornmisson. 44 ---Ph-e-�itty eeffinqis--� j4eelk t11 e eity'eL--F-k- se-4 66, sessmeig', e H. (c) e ,Jev-e4�n-effi-f-eN+e-vv spa- IRENUMBER FOLLCVVING SUBSECTIONS ACCORDINGLY) See. 36.083. Postilig of notice. (1) Any property which is the subject of an application for a zoning atlas amendment, land use Plan amendment or annexation shall be posted with a notice of public hearing by the code administrator at least five days in advance of any public gearing, except as follows: f a-4-) Where such posting would involve more than ten separate and distinct parcels of property, the code administrator may post the application area with, four notices of public hearing to be located at the perimeter of such area plus one additional posted notice to be located within the area for every five acres of land which is the subject of the application. (b2) Any city-initiated application to amend the -zoning atlas or land use plan which is subject to the provisions contained in F.S. Sec. 163.3161 through 163,3243 or F. S. ch. 166, shall be given notice only in accord ).,vith the requirennerts therein, (2) Any ropeLty ia the suLbiect of a site plan or preliminary subdivision plat, except for minor adiusinients of site plans and administrative lot divisions, shall be p (Jic notification sign by the aoolicant. The Sian shall measure 24 With the identify the general deveioriment ,.,(-,tjare feet in area,,-not exceed six feet in heial�t, and I p ap_osal for the r 0 U 1) Qe-�rtjncl ding but not limited to the follmving. zoning. LJS�l r f the ianCL, density orjntensity. of use, and building height. In additii�n, the sign shall iq'entfy the; centrE! L�tj,-Jirting department tele-pi-lQ,,, contact for more information ana shall identify hearing dates before "he city commission, if appli ,able, ,D,,Id the lc�,�elo,��m �rLiLrevievv committee. The sit, n Shall be-posted and maintained on ft, e prop_ rj_y_ty_jt�e o Jicant after the Site Dian and site Dian application iv n are reced ,a L y -it. No actior-i shall be taken byftg -I rr) e f 1 tra I-p—eirn i ttir—i departmei gitv con Lafi i g n 61 V 0 of tein-da s after the oostin"I of tile L,,T-d L(�_prj�,(- nLrevievj conirnittee until a miln MLM Sion, 3 J I r VA 4b Section 3. Eectioin 3 1 21 , ;ode of Ordinances, is ar-vended to read: Sep: 37.21. Petition procedure. (1) The leveloprnent code administrator shall receive and review all petitions to annex. �'f r-Fay-we•1=reC'�fi.#'rrc,'£�-f-�tf?�°#";��e�--r�-� -:%'�'y1`'"�-f�r=� ''rh:as-°ez-5 tom'!pon determination by the code administrator that a petition complies with aii applicable submission reqUirernents contained in section 37.0 5, the code administrator small em d e a ' --c. `��--rrr-rte,--�v,=rcc�,= rr�r,a:,wst gar P .�' rl rs r`n rrni b-�.. +ice -ity +Zr.-�rrr irr �'C7�"G[`�,�.T'-i i��1—l�� 'i�1'rt7-s`�'G�"+TZTZ� 'Tf't"��. .I�r-rsT ----Tim-eity--areff ff Id.et# ei z � iefq LA i, �pudelie. he rcd-: 6 e FA M 1 S S-e R +t4a e -e— stfate --&i=ii 'transmit copies of the petition to the appropriate city departments for review and comment and shall coordinate with the city clerk the sci-ieduling of the petition to annex for consideration at public hearings by the planning and zoning board and the city commission. City departinent comments and recommendations, if any, shall be returned to the development code administrator ice -e rd-�.° aFi lei prior to the public hearir datEp for planning and zoning board consideration. The city cleric shall cause to be provided public notice of the required hearings consistent with chapter 36, article ICJ of this development code, and consistent with Florida Statutes. {RENUMIBER FOLLOWING SUBSECTIONS ACCORDINGLY) Section 4. Section 40,261 , Code of Ordinances, is amended to read: See. 40.261 . General description. The planned development district is created to ;provide an alternate method of land development for the purpose of achieving one or more of the following development objectives: 1 ' ', serve ii i rP=`ic sr t environn7entai o� topographical site features; (2') ,,,,on')n,odat e, mimure of compatible uses on a single pars: el of land; {3`r Accommodate buildings ;with exceptional setback or separation provisions tilrougr) strategic site design; (4) Accor-Irrtodat°.; a comprehensively planned and phased development or redeveloprrl,en', project %,vhich provides for interrelated uses, circulation patterns (both vel ICUlar an(J p rdestrian), building orientations, parking areas, architectural nnotif s, signs, open spaces, vistas, amenity areas and like features f ich i.osit?✓e11, contribute to the development or redevelopment area and tine city. Ali land assigned this zoning will require concept plan approval by the city commission. Such concept Plan shah be reviewed by the city, commission ;In conjunction with any application for pfanned development district zoning or rezoning and all development shall occur consistent with that concept plan as approved by the commission or as may be subs.�iueia y amended by the development (,ode administrator or city comn-?ission in accordance \i,,/ith the follov%ling provisions. Any amendment involvini g increases in intensity of use (as measured by residential density I - decreases n r nonresidential floor area ratio), increases in structure heigl t, or i o. I setbacks, open space, or buffering as shown on the approved concept plan shaill be approved by the city commission. Other amendments may be considered minor amendments and may be approved by the development code adiministrator, unless determined by the code administrator to be appropriate 'tor cornmission action, The mh-nnium requiremE nts for concept plans shall be thie same as for site plans submitted 'ar y for conditional use permits as specified in section 4.1 .031 pFeli, site plan-e-L+R-E� ox for preliminary plats under chapter 46, or both, as applicable, exc-ept for master planned development concept plans v,,/hich shall be as specified in section These min1ir-nurn requirements may be rnodified or waived by the city 40,264. commission in considering the application for a planned development district; in particular, the requirements for the specified subcategories of the residential planned developm,ent district may consist of existing plat or ovinership documents. Section 5. Section 40.674, Code of Ordinances, is amended to read: 40.674. Review Procedure. Proposed amendments to the zoning atlas shall be processed as follows: (1) Applications Which are deterrnined to be complete by the development code administrator shall be scheduled for review by the planning and zoning board Fe�e�i eeT-. -`-". ,Ie eity­e-eii-nqisei n shal'! F-eeeive +.,'-;e applie-latiel- &Rd diFeet the­--c-4,�-�H,(-� 4��fe-4ea-4 -ani ._ ive Aell-i .re el sHeh hearing iA aeeE)FE! 40h the in artiele e4aptef-. (2:3) The develo -4;,ree+LeF ef plag g and --ban j)rnent code administrator shall review the proposed amendment. assess its impact and consistency with the standards of approval contained in section 40.675 &HblseetieA R".) ef is and identify at a public hearing before the planninq and zoning board the merit and dernerit of enactment. {RENUMBER FOLLOVVINIG SIUSSECTIONS ACCORDINGLY} Sect;on 6. Sec ion, 41 .03)i , Code of Ordinances, is amended to read: Sec. 41 .031 . Appficati(_IFI and submission requirements. A p 1; U�se shaii be prepared on a iorm to be provided by ti-ie devolopr'nerlt code administrator and shall be signed by the owner or tenant of 5 property. Ainy pax plication signed by a tenant shall be suppiernented by a written staters-ent of consent from the property owner. (2) The application small be filed at the office of the development code administrator together with an application fee according to the schedule established by the city commission and ;yet out in appendix A to this Cache. (3) Each application shall be accompanied by an accurate site plan, drawn to scale, identifying;, Cur r and . rcoosed ,ra .rk_r pade rran ai ess, and vehicular access pr 13e site, ingress and egress to the sssa_e°t ..... _... ___._ �_.:. LIB) Current and pr000sed locations, setbacks, users and gross floor area of pi'di €as and structures on the site; t,l _Current and proposed height of buildings and structures on the site (mod} Current and proposed fences and landscape bufferinci_,_and erinjeter and interior aarkinq lot landscaping on the site; Ie) �CurrLrvt and D dosed site lighting on the site; i Type and general local-lion of the natural features on and immedi;ptely adioininq the site, including significant natural vegetation and 6reas coverecl by tree canor)v, as well as regulated natural features such as -ids, wetland cufersisetkacss, natural ciraihd f2 or s r vvetlai� water bodies, mangroves, and designated specimen and historic gripes; Adjoining properties and the principal use(s) of these properties, and —h33 hn r + r me—+c h,e t nt i r t— t ire sucfn other sri<-ormation as the code administrator may regUire. Any supplementary information, exhibits, plans or maps which are to accompany and constitute part or the application shall be submitted to the cote administrator at the time o` filing of the application. Twenty recopies of all such documents shall fee required for distributional purposes. /-'r,n r amendment to a siteplan approved by the planning and zoning board as part of...a condition,all use permit involving increases in intensity of use (as measured ou .Psi.dPnt;Ml dens ty or nonresidential floor are +ic) ;nor r rvur u.tiu rules/. 11ii,iCajCJ iii JLr1..lL:.11J(E' 93f;1r: rat or decreases in sett is k en space, or bufferint shall be considered by the board as a fT1t iCiiiI ;atiori is;Ci 1 ,e c€�ndit onal`use peerrb7mJI_ ether amendments n,ay be consgir eyed minor arriendrnerrt� and raray b _ �rove k �t tevefopment code administrator, unl> ss gietermine'd -by the code administrator to be aDoropriate for 'board action Section -'Sections 43.03, 43.04, 43.21 through 43.25, and x-3.51 , Code of Ordinances, are amended to read, Sec. x-3.03. Effect W of f�i3a9 approval. 505 3 .V Those f4++&I Bile plants approved or approved conditionally shall remain !valid' if a building permit is obtained subject thereto, and the project completed in accordance with such permit, wvithin the respective allotted time periods to be specified by the city commission �+or development review committee. Extensions to the time limilts imposed as a condition of site plan approval may be granted only upon written requefst to the development c-;R.ade administrator with subsequent deterrnination to be made Shy the city commission,, fib or development review committee, based upon arid consistent wfv,th the process for determining whether such request for extension o,l time is a nnajor or minor amendment. won approval of the f4fta4 site plan, 'the , applicant may proceed tosubniit detailed construction drawings to the appropriate. city departments for apr ra;)val and permitting. These shall ;include, but are not limited t,G, detailed building plans, site grading plans, tree removal and clearing and grubbing appiications/plans, drainacge plans, lighting plans identifying location of fixt±areas, intensities and vvirir,gl, utility plans, and landscape plans. Nothing herein, however, shall;preclude the building director from accepting for reviev�ar'and processing buildiil�9 construction plans related to the structural, mechanical, electrical and plumbing systems prior to the certification of a Paz site plan, subject to such conditions as may be established`' by `;the building director relative to such pre-plan-certificatiapn i processing. In such instances, no building perrnit will be issued until thef site plan has been certified ai d is'on file vt'th the building department. All building and construction pert-nits issued for any project requiring site plan review shall be consistent with the certified fiffa-i site plan. The approval and certification of a site plan shall not under any circumstance be construed to waive or otherwise diminish the applicable city requirements for construction or installation of structures or materials. Whenever a conflict between the site 'plan and such construction details occurs, the more restrictive or that requiring the higher standard shall prevail'. i Sec. 43.04. Noncompliance. +. Failure to comply with a certified -e-i- site plan or any of the conditions upon which such approval;vvas contingent, including time limits for performance, shall be cause to deny issuance of a building permit or, where a permit has been issued pursuant to a certified 4izii94 site plan; to render such building permit invalid. Any action, construction, development or use of property undertaken in violation of the provisions of this section for a certified fi site plan shall constitute a violation of this development code. Sec. 43.21 . Flans and information required. limidaar +d-fi+a4-sSite plans shall be drawn to a minimum scale of one inch equals 50 feet on an overaH sheet size riot to exceed 24 inches by 36 inches. When more than one sheet is required, an index sheet of t he same size shall be included showing The entire parcel vvith incliviclual sheet numbers referenced thereon. The following information is required on or in an acceptable form so as to accompany the site :--- .. ti� {z a-) Site plan i-iame� ; (Z ) The property ow,ner's name, address and telephone number; and the designated project applicant or representative aril for st.ich representation if other than the property .: �e) The architect is;s; s':ap c;.'ch'itect or engineer's riarne, address and telephone number; ( ) ltlorth arrow, scale and date prepared Legal descf iptiorn- o f-) Location nr ap; (? ZJriirng dis.,:r;tissi r, ,� ti Ir- .,P p y s, l , the site plan and the �, the, ;,r o erg which i the subject o� `.f. the properties adjacent thereto: lr' Identification ol- v,,ate c`;nurse s, wetlands, tree masses and specimen trees, s, includir?g description and location of understory, ground cover vegetation and wildlife habitats or other environmentally unique areas; u ',ail Cross and net site area expressed in square feet and acres; (10-JO Number of units proposed, if any, and resulting net density; 11*) Floor area devoted to each category of use and floor area ratio; (_21) Delineation in rr!apped fora and computation of the area of the site devoted to building coverage. open space for the lot, and open space for the front yard, expressed in square feet and as a percentaae of the overall site; 3 ) iurnber of parking spaces required, stated in relationship to the applicable formula, and proposed; (?4fO Location of all driveways, parking areas pavement markings, and curb cuts; {L 5 +) Location of all public and private easements and streets within and adjacent to the site; (�6p) The location, size and height of all existing and proposed buildings and struc- tures on the site; r {?ZO The location of existing public arid private utilities; 11 Sr) Total paved vehicular use area, inciuding but not limited to all paved parking spaces acid driveways, expressed in square feet and as a percentage of the area of the overall site; {%_3-&) Depiction by shading or crosshatching of required parking lot interior landscaipe areas; t2 ) Total nand area devoted to parking lot interior landscaping, expressed in square feet and as ai percentage of the paved vehicular area; Location of 1:11 refuse collection facilities, including screening-.1. > >r z ca a r U Aa cz..n.... .All r—ii-rrtJarrr��iTi3 .x' 't7t' ,�s' 7F' Frif11ti3x'yF- si }9ai cES' rT}z' � G, e r T:) a jrerl i 2a) .The surveyed location., diainieter at breast height and general type of all existing trees with a disarnneter at breast Freight of four inches or more, identifying those trees proposes, to be removed and those to rern�ain; 1?__a3 ) tilficiernt dirne ns.ions t<:i enabler: determi-nati=on that all required landscape areas are pruvic eo; d etalls regarding the location, size and species of print materials shall be provide,: on the landscape plan, , 4e) Provisions for botl n onsite and offsite stc;;rm, water drainage and detention related to the roropo.s£-:ci development; r,�r (. _5_':` ) 'Existing c`3`r"d proposed sed tutili i s iyl ' d r .� ti F ti� location 1f l water l t:,, 1 )I3 'rr�1 R t.hoc C,�.,� 1"�,: s��s r?�rryx �, anon t. ;-al, uca r �r�c;.. (`�.r'•r, li,rdr ants, ✓E"I'Ver lin s, manli� i s, and li" Stations; t26e) Existing, including official records Look and page numbers, and proposed utili- ties easery ents; 27f; Existing one-foot contours or key spot elevations on the site, and such off-site elevations as may be specifically required and not othervuise available which ,nay affect 1the drainage or retention on the .sits'; (:�aq) The proposei.l general u1se and development of internal spaces, including all recreational and open space areas, plazas and major landscaped areas by f+. .c Lion, and tine general location and description of all proposed outdoor furn� Lure, such as seating, lighting, and telephones; l i The locatior) of all earth or water retaining walls, earth berms, and public and private side'vwl' s; 00) r lyasa lines, iif development is to be constructed in phases; } Dimensions of lot lines, streets, drives, building lines, building setbacks, building Height, structu►ai overhangs, and building separations,_ i,. +� h.n n h,::i r. +r, ,„ the item-ef-trrc-�rcrn err e a�f-;I-ra-r. n Sec. 43.22. Procedures. Those de velopments subject to site plan review as identified in section 43.02` shall be processed in the following manner: iIl-a) `f'vvert TkNe copies of tide l fy site plan si_gne and sealed by a licensed professicnal enc;ineer, architect or,landscat,)e architect or combination thereof, as is ap_ r,o priate according to the state iicensina requirements, one completed application form and the requisite application fee shall be submitted to the offiice of the development code administrator to initiate processing of the plat!. l 24i Site plans which are determined to be complete by the development code administrator with respect to the submission requirements of a-s-ide if- Section 43.21 shall be scheduled for revievt by the development review committee and, if r_gts rem _0 r sutaYse fi©r7 X3.22 .5 the city commission. t Prior to reviev,r by the development reviev,/ committee anti, if applicable, the city commission, the applicant shall post the property with a public notification sllgn in accordance with the terms contained in section 36.033. �A L . V ;A nv4r�r E' c cc' Pe" ri E a rca-r e vii s k r+- '>E ;tea rci tr ae rs- €-d ev el app p l+ y t v o neerg vtt e� at a- 1 R+� F'rG-d-e�a F a R l ;'t r�3 '7TT d Llv '� r T T#riry nG_�T L 3 f—fL Cr� v�rrt i r +i I} rte TTTt � a ti�-aevel } e may-# ate-. p€ er± al-adaters €F t- 4te the e°Ftizi;�! z c u13r3ml x 9 t i *? rte; n fe'r a F 1- -aFy,e € , r n-efy -t _deveiep r roc - =ei=A�e- (2) Finai site .,1 t���?(--"'t�--#-,'t'rs�-S,�t-''-~--�F-�-�-si TZ-Ti e.'�i&E "'" fef n'4"�.s'.'RiY -a i'� '9't 1 Re i r7----a_1,e Ti e (+r Tar'+ J'c'�. of°7 r An4l scs Itr,Lel! to the e y . .":}""____._ C" `.4' ''�'!✓.v' + '!' '!'t'L�''n. delleFmiRed, t o be eemplete by 1 h e cd a:e4r pm e A l- e'E is ! eet to ?e°�ia =rr ss} -Fequii teRti` ,83:7eati#' �r k9 S 3 9-43-.21 (2), s r:cm t L -Irv;—r c rc 4'v `J Y c Fe El e a—^ Pr3 , (4a) The development review committee shall review the fipa4 site plan with specific regard to the design guidelines contained in section -3.24. The coi7imittee shall evaluate and make finding with respect to the satisfactory application of the design guidelines, bom individually and in combination, to the subject faun. W-hen- th-i^f4ei d rte take � -: ie E -th -pian. tThe development review committee shall approve, F approve with conditions, or deny the f site plan. In the alternative; the committee may, for the purpose of allowing the applicant an opportunity to address unresolved E issues, continue consideration of the f site plan. Any action to approve conditionally or unconditionally shall require a majority vote of the committee members present and s#-tall be based upon a finding that the 4 site plan comports with the design guidelines sett forth in section 43.24. Any fi-Rat site plan which does not receive at majority vote for approval shall be deified and the reasons for such denial shell be rioted, Linder no circumstance shall any f site plan be approved which is inconsistent with any term contained in this development code unless a variance has been authorized in accordance v,/ith the provisions contained in chapter 45. (54) Any f4i­a4 site p#an which involves a land area of 25 or more acres, a transfer of development rights or he assignment of a planned development district zoning classification, ar vvh ems€Iv es a v e�er�r�iF}e l Abe ifiappinepFiate feF a,diTHRistFative , the city commission shall take action on such plan. Accordinic ly, the city commission shall review and evaluate the fifl-al, site plan with specific recl<=.rd to both the design g_sidelines contained in section 43.24 send the advisory recur-n mendation of the development review committee. The city commission shall approve, approve with conditions, or deny the €i•F-ral site plan. In the alternative, the commission may, for the purpose of allowing the applicant an opportunity to address unresolved issues, continue consideration of the fi-"site plan. If s � site plan is denied, the reasons for the denial shall be noted. (6e) A nninirffum of 15 copies, and any additional copies as may be supplied by the applicant, of a f4t-a+ site plan approved or approved conditionally shall be :submitted to the office of the development code adn-iinistrator ;within 5J days of such action. Fi, ite plans approved 41! contingent upon any chances to be made on the plan shall be so ca,angecl pric0l, to ce; ?tiflcation. The code administrator shall verify tifct ail such changes #,ave been made and,_is _orverification, shall certify and d�istrii{bu e the �ia�s ,t y,., d 't1 µ•.., f-{ ,, 1�' +o +h e }.,-e 1 n w I f +,�, 4-.n e e rt i ttC".CT'u.�'�Cr-C i- to rc.� ..,7i�"u---r�Tr the rdesi-r atecI dopyirtn e,,ntc !nc!I!di,,srr one co v t crk Tile i.it` clerk siia## t l✓ _ Y Y 's retain 'and file the f-ffa&! site �iian i a constitute a permanent record of the cert!?le'd plan. r� 7I'inil'tl im Of three iapieS of t ne Ct reified plan Shall �1�, r£;SN"�ff?C1 for the applicant, ti,vo of which shall accompany the application for building permit submitted to the building director and one copy to be available for inspection at the job site. Seas. 43.23, Integration of other review procedures. Any d-evielotiiment involving the following relat4e d provisions of this code shall be Coordinated as set forth beiow: +. ie4-� e pla r + - . „� E�ifi..st-Fe-c�--c a-�;z-,gg-eF fe�fiids - e l ?t?eCi" -iH e19i9.Si--1e1a1Lie; e q-ae z6 4 1 the--'fairsI e''rte sHeh f-,i:r<sri --.."3-'i-Fi 4"g t -i aa sr'ie plan r-shall�e 'rc-v r..r+rcc.�-£vt' rine�n,ir^�r1 rvxnr�+ `r. no�mm shall make fi ce�q,.�rvgr '+';�-�'tf--v v7�m-rTI'cP,---' 'i'tl; 6-7-n'rr7'i—rr�ir�Ee—*�—��-�'r}{�"-v'v-trrr"-i'e«_�p>r'c'�.'�.+�""�' #.mssf ae to f yf-c3 Ec!$ci o 1 iN e r @ft r en. Thi +y ei --hall a t1'2) Variances, Thc,s,e developri'aenis requiring both city commission consideration and a vat rice f roan any applicable regulation of the Ccde of Ordinances in conjunction' with site plan review, shall have the e i a site plan acted upon by the city cornmission prior to consideration of the variance by the development code adjustment !' board. The 4R-al sate plan shall be submitted to the development review committee' only upon approval of the variance. 124) Subdivision plats. Those developments requiring a subdivision plat shall have the preliminary subdivision plat scheduled for review simultaneously iiq- euq+&—t: t')Glith the fi;4a4 site plan. 1134.) Conditional uses. Those developments requiring conditional use approval shall be subi-nitted to the planning and zoning board and the conditional use shall be:<ap- proved prior to the submission of the f+na-I site plain to the deveioprn-aent review coy r'rnittee. ildinc perirnits. No buildin _perrriitshall be issued for a structure that is inconsistent wit`ti c� rt fiery sate lan._ _ Certificate of occupanc No certificate of occi.jjai--_c shall be issued for a stnucruire that is inco nsistent vvith a certified site plan, nor ,shall any certific�tte of oc anc—v be issued %without a certificate from the_proj_ect engineer affirming the a_c r a c v o f tl:e site, cfesign_relative tc; the certified site Dian. Sec. 43.24. Design guidelines for site plain review. it is the purpose of these design guidelines to supplement the requirements of the comprehensive plain and land development code in a manner ttnat recognizes the need to tailor the land planning process to the unique features (if each site, iAlhile preserving the right cal reason able t.rse of private property. The following shall be given I . df}nSi,�ctaI'$.. ii'; ti.lci revie`oi "1 f" Site IJ)anS required under i:I1iS section, Before any site plan is granted approval whether conditionally or unconditionally, it shall first be established tflr:'i. such plan is consistent vvil:h the design guidelines of this s.,ction. if it is deterr-nined 'tthar. a 9-a4 site plan does not satisfactorily rnmply with nrnrs rzr nr the design criteria contained herein, the city shall have the authority to deny the site plan. Design guidelines to be considered shall include the following: Sec. 43.25. Judiciall appeal. Any applicant aggrieved by an action on a f iia� site plan pursuant to thi.., chapter imay seek re,,riev"J by initiating an action in the appropriate COUrt. Sec. 43.51. Procedures. Any amendment, variation or adjustment of a certified f a4 site plan shall require approval of a site plan amendment according to the following: (I } Major arnendrnent. Submission to the development code administrator and action f � e€v� ffia F aF by the development review committee eefl: -eizirt (2) Minor amendment. Submission to and action by the development code administrator by t� i-t.�, a+-a-F. i The deyelonrrLer code administrator�&4�a-F�agef shall determine based on the magnitude and type of change and its ramifications whether a proposed plan amendment is a major or minor amendment. The development code administrator c- f3- rF�r g�'r may,-atoms c-r r fonvard any application for site plan amendment to tire,development review committee or to one or more individual departments for review and recommendation both as to its classification as a major or minor amendment and as to whether it should be approved, approved With conditions or denied. Sections 8. Section x5,22; Code of Ordinances, is amended to read: Sec:. 45.22. Submission requirements. { 4,n a �plivatiora for variance shall be prepared on forms available at the office of the development code administrator and shall be signed by the ovvner or tenant of the pro,nerty. ny appli+ration signed by a tenant shall be supplemented by a vvritten statement of consent from the property owner. (2) The application shall be filed at the office of the development code adr-inistrator. At trie tirne the application for a variance is filed, the development code administrator shill require the applicant to pay a fee according to the schedule cStaiJlishc d by the ciLY ciMM-1liSSion and See out in appendix A to this Code. 12 pp memo fhlp (3't Each app lie ation for a variance shall La D q r.I e ct bv an cc ate sitL-L,— drawn , to scale, illustrating a t i ng the recluested variance and ali site fpature, ha,j E2 -'z rs, relevance to the rea!uested variance. Any suppier�e to ry info r-nation, exhi bit plans or maps which are to accompany and constitute parr" of the application shall be submitted to the code administrator at the time 9f filing of t1he application. Tvvfr,li T copies of such doculn, nts sha'l be reclu!red Irc-,r distributional PUrposes. Section 9. Sections 46.03, 46.07, aid 46.34, Code of Ordinances, are amended to read: Sec. 46.03. Applicability and scope of charter, i a! (4) W f henever anv subdivision of land is proposed, and before an n site plan approval or building oermit for the development of or construction of any improvement t on land proposed for subdivision is granted, the OWner of the property shall apply for and secure approval frorn rhea city of a preiii-ninary plat in accordance with the procedures and,standards delineated in this chapter, and the approved preliminary plat shall be certified !,.),y the city as constituting a record of approval. Following certification of the preliminary plat, and following certification of the 4Rr site plan when required pursuant to chapter 43, a building permit for one building may be issued for the property, except that no building permit shall be issued for a townhouse development prior to the recording of the final plat. Hove✓ever, no certificate of occupancy/use shall be issued for property proposed to be platted until the final plat is recorded in accordance with the terms contained herein. Sec. 46.{ 7. Va. nc -iaes. (3) Conditions. In granting any variance, the development review committee may impose such conditions and restrictions upon the property benefitted by the variance as carry out the purposes of these platting regulations. Failure may he necessar, to -� I - to cor-nply \rvith any such condition or restriction imposed by the cornm,itteQ ea shall constitute a violation of this development code. 4. Sec. 46.34. Ptefirninary plat review. (2) preliniinpry plat review may be initiated by submitting to the cjpvc-.Ic)nr-IPnt code acdministrator the follovving: 13 r; a T�,ventv � copies of the preliminary plat, (b) Tvv'enty F4--Ee�copies of either a preliminary plat suppier­nenta°ry drawing or r ltfr i r site plan vvhich incorporates the requisite content of the supplerrIentary drawing. (c) The appropriate application fee as established by the city commission. The preliminary plat and preliminary plat supplementary drawing shall contain r all information identifi,e,-J in section 46.32. Any property being platted which is alsc) subject to the site plan review process identified in chapter 43 shall not be required to have sLabmiL,,z J the; preliminary plat supplementary drawing if a pFelirf--inary site plan displaying the requisite information of the supplementary drawing is submitted as a companion document with the preliminary plat. Upon determination that all submission requirements have been fulfilled, the development code administrator shall schedule the preliminary plat for review r 'f a ,-d - -t#errsie . cnv preliminary_plat coy2rina a land area of 25 or more acres shall be reviewed by the gity commission and develooment review committee. Any Dreliminary plat covering a land ' area less than 25 acres shall be revievved only by the development review committee. Pricer to review t�v?the city t cr.mission, if applicable or the development review committee, rhe:_aniDlic ant sha cost the property with a public notification sign in accordan,co. %rjith the, terns contained in section 36.083. ) The city commission shall ,review preliminary plats covering a land area of 25 or more acres anc, authorize the development review committee to review and act upon the preliminary plat, in review of the prelirnirary plat, the city commission may identify matters of development policy or design to which the development review committee shall address particular attention. (54) Development review committee processing shall be as follows: a, --r-t�:'?' 44h `.,.j T3�_'�`r'y'Yt.1 �e iTy"Lv T!T TN�3e+ Distribution. k;f., e�i-e t; I'J , tThe code administrator shall distribute copies of the preliminary plat to metiers of the developrnent revie<v committee and schedule the plat for review by that comnmittee. If a site plan is available for review as required under the terms of chapter 43 for the property proposed to be subdivided, the preliminary plat and site plan shall be scheduled for siryi1uitarleotms review by the development review committee. s`,b) Revie-vv. The development revievv committee shall review the preliminary plat for accuracy, content, and consistency with the requirements of the City's comprehensive plan, the design standards set forth i'`', article e { ill of this chapter and the otter applicable provisions of this development code, Time cornmittee may, for the purpose of allowing the applicant an 010POr't1111-lit` to address unresolved iSSUes, continue consideration of the prel+nmin�_ir y plat prior to formulating a recommendation. (CI Action. The development review committee shall approve, approve with conditions, or deny the preliminary plat. any action to approve conditionally or unconditionally shall require a majority vote of the ccminittee miernbers present and shall be based upon a finding that the plat rrects the design standards set forth in article Ill of this chI-ipter. Any (,)let mich does not receive a majority vote for approval shall be denied and such denial shall be based upon a finding that the plat doles not nneer the design standards contained in said article Ill. Under no 14 i ,r circurn.s.lan ;e ,�h all any ph t bci approved vvhich is inconsistent with any Ir( Fisi'dyil i.(),.''9`,cT 47 ' ,t" 1llt"..' r'tj("ilkttw fl5trict regUlatioTas or other term set forth !r-, t1his d tc !opri ent code. (5-5) A minirnusn of 2Q 'I==- c:op t es, �iiid ar'iy additio nalcopies as may be supplied by the applicant, of a �preiirnirnary plat _ pprt_? edi ,; <ipprov€;d conditionally by the development r evi el�v �;crr nin shall b:r;v for certification to the code �. administrator within 60 clays of a(,.6 ,n on th( pielin inary plat. Preliminary plats approved subjec to any changes to be ni ade on the, plat shall be so changed,prior to certification. The code adininistr;a or shall vori y -th-it all 7t.1zch ch_ranoes have-been made and, UD.Ql�', Qfl cation, shall r er i an(d distribute, the lark to the desi" dated de.partme,t,.it2 itici'inQ one c__. oDv to thi.a_c_iry � The city clerk shall retain and file the reIinjj2 ry iat ,,tiff e d dis+fib the -: eIE-)-arenr�s-and-,>i, ---y to constitute a permanent record of the certified preliminary plat. A nnil-iirnUn-) of two copies of the certified plat shah be reserved for the applicant, with one copy of the certified preliminary plat to accompany application for final plat approval, 1n„hich application shall be submitted to the code admi istratoi. i?61 Any amendment, variation or adjustment of a certified preliminary plat may be a considered prior to preparation or recording of the final plat and shall require approval according to the folio�,%dng: (a)' Major Submission to the code administrator and action by t! the development review committee consistent with the process for approval of the original preliminary plat. b,) Minor amendment. Subrni5sion to and action by the code administrator a RA �e-eity r s er: E i The de�,velota,Ejent code administrator wit-y-Tea-++af shall determine based upon the magnitude, type and ramification of the proposed change whether a proposed plat amendment is a major or minor amendment, e.g., a sic nificant change in the lotting arrange►nent or a realignment of streets shall be a mzi or change. The develops- Ont code administrator may forward any app iccation fot: preliminary plat amendment to the development review cornniittee or one or n�:ore individual departments for review and recommendation both as to its classification as a major or minor arriendrnent and as to whether it should be approved, approved with conditions or denied. Section 'l 0. Sections 54.23 and 54.53, Cc;dc: 1f Ordiriftricec s, trrr ±1TI1('iiflE't.� to read Sec. 54.23. Fees—Deternination of asa^ount. (3)' The fee arnoun-i snail be deterctnlned at the time of site pl;ari, st_ib(fivision piii i or annexation e rG V fe3 v. rU[ site 3 aT1 calk; subdivision 'alats wi-iiC;t i are i( (('VVF i� ���+ t 17C' ! it'.. ,..,_. . . y commissiion, Tthe e4y commission, with the advice and recorYamondc --jtion of ilti`r city 15 t manager and the ;')alrks and recreatioll director, shall detennine whel her the recreatioll land impact fee shall be satisfied by a land dedication, money payment, or a combination thereof. For site lans and subdiyisjgn lats v�bLi h are not rqv, ___p �Jh the city cq_Mn­ij5,.;1ion, the city-=aqp-r, with the advice and recommendation at the narks and recreation, director, shall determine vvhether the recreation land im P_ �6: fee shall be satisfied b v a land dedication, money paynnent, Jr to com bins lion thereof, lln raking this demmination, the city commission or city manager, as apolicable. shall use as a basis the follovfing criteria: a) Suitability of land for recreation usage; (b) Arnount of land to be dedicatea; (c) Presence oi- a;bsence and location of other recreation resources in the area; (d) Planned recreation needs, as documented in the comprehensive plan; (e) Ability to maintain recreation lands in a cost effective manner. Sec. 54.53. Fees--Determi nation of arnount. (1 ) The amount of the open space impact fee to be assessed is established based on the ratio between public open space and developed land within the city:. The inventory inforo ation and methodology are outlined in the open space and recreation study prepared in support of this article. (2) All new development and annexation, if applicable, shall be assessed an open space land impact fee as set Out in appendix A to this Code. For the expansion of existing projects, the open space land impact fee shall be as set Out in appendix A to this Code. (3) The fee amount shall be determined at the time of site plan, subdivision plat or annexation review. For site plans and subdivision plats which are reviewed by the city c -nm i -i e commission, vvith the advice and recommendation of the city ot mission, Ttl , e4y manager and the parks and recreation director, shall determine whether the fee shall be satisfied by a land dedication, money payment, or a combination thereof, For site reviewed by the city commission, tie city Mans and subbidivision plats which are not _Y manage.r -with the advice and recornmenclation of the parks and recreation dijrector, shall determine whether the recreation land impact fee shall be satisfied by a land dedicgqtion,mQr7 _qymg!1 t,or a_,f ombination thereof. In making this determination, _ the city corrimissi:cin ter_.gijy_Tiana ger, as applicable, shall use as a basis t e tollowing criteria.- Preservation or environn')entally sensitive areas; (b) Arnount of land to be dedicated; (c) P,,e sence or absence, <-ind location of other open space resources in the area; e n -ilprehensive plan; (d) PI,,.im d' pc, spac,'-', needs, as dc)curnented in the con i_) Al.)Ihty to maintain open space lands in a cost effective mannef. 16 he prov�ssfons o'F this ordinance are found and determined to be consistent with the City of De arwater Comprehensive Plan. 5e diort 2 2?. This ordnance shall tale effect ir�tmediateiy upon adoption. ASSED ?r. r � P'cADING May 188, 1995 PASSED ON SE a NI A l s=l :L READING AND ADOPTED June I, 1995 r Rita Garvey, Mayor-ComV sioner Attest Cyn3 is E. Goudeau, City Clerk Approved as to form and legal sufficiency: VIA- Pamela K. Akin, City Attorney 17 34, C